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Can you be sentenced for the same crime in Family and criminal court?

Saranac Lake, NY |

family court i got a family court violation which i served todays for and now they gave me criminal contempt in the 2nd and sentenced me to another todays and 3 years probation . It all stems from an indecent where i left my children with an unapproved babysitter , not any fault of my own . I was told if i didn't plea they could take my kids until after trial so i had agreed to todays for family court which vie served and the yrs probation criminal but now the judge added another todays in jail . Feel like this maybe double jeopardy and would like to NOT be on probation or do the jail time This is just getting a little out of control for such a stupid crime that was out of my control anyways ! !

Attorney Answers 5

Posted

You can be charged both in criminal court and family court for the same incident. Speak with your criminal defense lawyer and your family court attorney for more assistance.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.

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Posted

Yes you can. Hire a lawyer and have this handled.

Good luck.

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Posted

Yes, you can be charged criminally and have a family petition filed against you based on the same exact circumstances... Generally, the family court case is considered civil and not criminal and as a result there is no issue.

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Posted

Yes. Double jeopardy does not attach other than in criminal matters (i.e. both in criminal). Also, in your situation, the "sentence" (and the very purposes and goals of these two courts) are markedly different. Parenthetically, double jeopardy does not attach for a state crime and a federal crime stemming from the same criminal act.

If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice which requires all the details, nor creates an attorney client relationship.

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3 lawyers agree

Posted

I think you should consult a lawyer. Your case sounds complex and it is difficult to tell from the facts presented.

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